Tallahassee partner Nicole Smith discussed the Public Whistleblower Act and provided practical tips that School Boards should consider in handling a Whistle-blower complaint.

Generally, the Whistle-blower’s Act is intended to prevent agencies, including School Boards, from retaliating against employees who make certain protected disclosures, i.e., who “blow the whistle.” School Districts should have a process in place so they are prepared to handle such complaints before they are filed. They should immediately determine who will be responsible for investigating a whistleblower complaint. Districts must also be mindful to contemporaneously document employee performance issues so that, in defense to a whistleblower claim, they can demonstrate that any adverse employment action was taken for independent, legitimate business reasons unrelated to the employees’ whistle-blowing.